Author: Stephanie Strachan
Published: November 11, 2019
Reading time: 2 minutes
This article is 6 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
Sometimes, the way forward with difficult employees is to come to a mutual agreement for the employment relationship to end.
There are a number of ways to go about doing this. An ‘off the record’ conversation can sometimes be advisable or if this may form part of disciplinary proceedings it is something that should be discussed and advice sought first.
The idea is that both parties end the relationship, usually for a financial settlement, with no possibility of future claims on either side. It is like drawing a legally binding line in the sand.
This can go through ACAS (if appropriate) which is a free service open to employees and employers or alternatively for a settlement agreement to be binding it must be signed by a Solicitor following advice to the employee.
Generally, the employer must pay for the employee to seek that advice on the agreement.
A recent comment in an employment tribunal decision made clear that £500 may not always be enough to contribute to the advice. It could be a costly exercise if further advice is needed as a result of the agreement being checked over by a Solicitor for the employee.
Therefore, it is always worthwhile seeking advice if a settlement agreement is something you are considering with a particular employee before you take any action.
